The Bureau of Industry and Security (BIS) has prepared this outreach publication to provide clarification on the declaration and reporting requirements related to salts of Schedule 2.B(4) chemicals under the Chemical Weapons Convention Regulations (CWCR) (15 CFR 710 et seq.).
As a general rule, salts of Schedule 1, 2, or 3 chemicals as listed in Supplements No. 1 to Parts 712-714 of the CWCR, respectively, are not subject to declaration and reporting requirements unless explicitly identified in the supplements.1 However, salts of Schedule 2.B(4) precursor chemicals are subject to declaration and reporting, because the description of Schedule 2.B(4) chemicals is broader than for other Schedule 1, 2 or 3 chemicals:
"Chemicals, except those listed in Schedule 1, containing a phosphorus
atom to which is bonded one methyl, ethyl, or propyl (normal
or iso) group but not to further carbon atoms."
Therefore, any chemical, including a salt, that meets
the following five criteria is considered a Schedule 2.B(4)
chemical2:
- it is a "chemical"
- excludes [chemicals or entries] "listed in Schedule 1;"
- [contains] a "phosphorus atom;"
- the "phosphorus atom" is bonded to "one methyl, ethyl, or propyl (normal or iso) group;" and
- the "phosphorus atom" is not bonded "to further carbon atoms."
For example, the chemical Phosphonic acid, methyl-methyl 3-(trimethoxysilyl)
propyl ester (CAS # 67812-17-3) and a salt of this chemical,
Phosphonic acid, methyl-, mono[3(trihydroxysilyl)propyl]
ester, monosodium salt (CAS # 84962-98-1), are both Schedule
2.B(4) chemicals. Both the chemical and the salt cited meet
the definitional criteria for a Schedule 2.B(4) chemical:
(1) each is a chemical; (2) each is not a Schedule 1 chemical;
(3) each contains a phosphorus atom; (4) in each chemical,
the phosphorus atom is bonded to one methyl group and to
oxygen on the other three bonds; the phosphorus is not bonded
to any other methyl.
1 For example, the description for Schedule 3.B(17) ("Triethanolamine") does
not explicitly include corresponding salts, and therefore corresponding salts
are not subject to declaration or reporting requirements. Conversely, the description
for Schedule 2.B(12) ("N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols
and corresponding protonated salts") explicitly includes corresponding protonated
salts, and therefore these salts are subject to declaration and reporting requirements.
2 Schedule 2.B(4) specifically exempts one chemical that meets the five criteria
-- Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate.